1 Title II- Government Services Title II, sub-title A, of the ADA prohibits discrimination against persons with disabilities in State and local government.

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Title II- Government Services

Title II, sub-title A, of the ADA prohibits discrimination against persons with disabilities in State and local government services, programs, and activities. Sub-title B deals with transportation.

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Title II and III of the Americans with Disabilities Act: An Overview

This presentation was developed by the Idaho Task Force on the Americans with Disabilities Act, and is provided at no cost solely for training purposes. It cannot be altered except by written permission from the Idaho Task Force on the ADA. None of the contents of this presentation is intended to provide legal advice. It is intended only to provide a general overview of the ADA. Please direct questions about specific situations to your legal counsel.

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Three Major Categories

EmploymentGovernment ContactGovernment Programs and Services

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Employment

Government Employment is covered the same as Title I rules. Nondiscriminatory practices should be used in hiring, firing, recruiting and reasonable accommodations.

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Government Contacts

Examples of contacts include:Communication with the public (telephone contacts, office walk-ins, or interviews) Public's use of the entity's facilities

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Government Contacts

ILLUSTRATION 1: A city engages in a joint venture with a private corporation to build a new professional sports stadium. Where public and private entities act jointly, the public entity must ensure that the relevant requirements of title II are met; and the private entity must ensure compliance with title III. Consequently, the new stadium would have to be built in compliance with the accessibility guidelines of both titles II and III. In cases where the standards differ, the stadium would have to meet the standard that provides the highest degree of access to individuals with disabilities.

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ILLUSTRATION 2:

A private, nonprofit corporation operates a number of group homes under contract with a State agency for the benefit of individuals with mental disabilities. These particular homes provide a significant enough level of social services to be considered places of public accommodation under title III. The State agency must ensure that its contracts are carried out in accordance with title II, and the private entity must ensure that the homes comply with title III.

Government Services

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Program Accessibility

Access to programs and services or benefit

Permanent or temporary Anything offered to or involving the

public

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Physical Accessibility

Alterations must meet new construction standards

Built after 1992 is considered new construction

Option of using UFAS or ADAAG

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To be in compliance a city is required to:

Conduct a self-evaluation ADA Coordinator Establish a complaint process Develop transition plan

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Filing a Title II Complaint

DOJ complaint form Hire/train attorney

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Title III Public Accommodations

Prohibits discrimination against people with disabilities by:

Privately operated public accommodations

Commercial facilities

Private entities offering certain examinations and courses

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What does public accommodation mean?

Any private entity that:Owns

Leases or leases to

Operates a place of public accommodation

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A private entity may be:

Individual person

Company

Business

Other entity

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Public Accommodations fall within at least one of the following categories:

Inn, hotel, motel, place of lodging

Restaurant, bar, establishment serving food or drink

Movie theater, theater, concert hall, stadium, place of exhibition or entertainment

Auditorium, convention center, lecture hall, union hall, place of public gathering

Bakery, grocery store, clothing store, hardware store, shopping center

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ADA Fact

All Public Accommodations are covered under Title III regardless of their size

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Landlord and tenant responsibilities

Landlord who owns building including the public accommodation

AND

Tenant who owns and operates the place of public accommodation are considered public accommodations and are fully responsible for complying with ADA requirements

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Exemption

Elevators are not required when Under three stories Smaller than 3000 square feet Not a shopping center or medical facility

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Service animals

Generally speaking, an accommodation that does not allow pets would have to modify this rule for people with disabilities who use a service animal.

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What is a Service Animal?

Trained to perform a specific task? Companion Animals are not defined by

the US Department of Justice.

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Architectural Access

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What about existing facilities?

Existing public accommodations are subject to a readily achievable barrier removal requirement.

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Removing Barriers

A business needs to do readily achievable barrier removal

which means

Easily accomplishable and able to be carried out without significant difficulty or expense.

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Removing Barriers

Usually done just for access Can use alteration guidelines Accessible route

Readily achievable barrier removal checklist

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Architectural barriers include:

Steps and curbs for people in wheelchairs

Telephones, drinking fountains, mirrors, paper towel dispensers mounted too high

Conventional door knobs and operating controls for people with limited manual dexterity

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Examples of readily achievable barrier removal:

Providing a ramp Adding a grab bar

in the restroom Rearranging toilet

partitions to increase maneuvering space

Installing a paper cup dispenser at an existing inaccessible fountain

Removing high-pile, low density carpeting

Adding flashing alarm lights

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ADA Fact

Readily achievable barrier removal is not just a one time obligation.

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What are the recommended priorities for readily achievable barrier removal?

Access to the facility (ramps, entrances, parking)

Access to the area where goods and services are provided (rearranging racks and tables, accessible signage, wider doors, visual alarms, ramps)

Access to restrooms (if available to the public)

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What if readily achievable barrier removal is not possible?

If readily achievable barrier removal is not possible a public accommodation must make its goods and services available through alternative methods.

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Alternative methods of service delivery may include:

Curb service

Retrieving merchandise

Relocating activities to an accessible facility

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What about new construction?

Buildings are covered under new construction requirements if they were ready for first occupancy after January 26, 1992.

New construction must be readily accessible and useable by people with disabilities.

This means compliance with DOJ regulations and the ADA Accessibility Guidelines (ADAAG).

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ADA Fact

New construction requirements apply to both public accommodations and commercial facilities (e.g. warehouses, factories and private offices)

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Exemption

Elevators are not required when Under three stories Smaller than 3000 square feet Not a shopping center or medical

facilities

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Let’s talk about alterations.

The ADA requires that altered areas of a facility must be readily accessible to and useable by people with disabilities to the maximum extent feasible.

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Remodeling -- Alterations

Remodeling must meet new construction standards

Twenty percent of total Maintenance is not considered

remodeling

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Historic buildings

Alterations to buildings that are listed or eligible for listing on the National Register of Historic Places, or are designated as historic places under state or local law, must comply to the maximum extent feasible to the ADA Accessibility Guidelines.

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As a matter of fact…

Historic buildings are required to meet ADAAG standards unless doing so would threaten or destroy the historic significance of a feature.

Alternative standards may be used for that feature in this case

This decision must be made in consultation with an advisory board outlined in the ADAAG.

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Alternative standards could be:

Accessible route from one access point Ramps steeper than ordinary Accessible entrance not used by the

general public Only one accessible unisex toilet

required Accessible route only required to the

accessible entrance

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In rare cases:

When even these minimal requirements cannot be met because they would destroy a historical feature an alternative such as a video or photograph can be provided for display in inaccessible areas.

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Tax credits for small business

Businesses that have gross receipts up of up to $1,000,000 for the year

OR Up to 30 full-time employees

May take a tax credit for 50% of the amount of any expenses incurred complying with the ADA over $250 up to $10,250. The maximum yearly credit is $5,000.

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EnforcementIndividuals may file a complaint with the Department of Justice. The DOJ will process administrative complaints and pursue selected cases.

Send in a signed mediation form for a quicker response

Individuals may file a private law suit that may result in a court order to comply with the law and attorney fees but no money damages.

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Government Money

Fair Housing

and the ADA

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The Fair Housing Act as amended in 1988

Prohibits discrimination on the basis of race, color, sex, disability, familial status and national origin

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Which entities does the Fair Housing Act cover?

Private housing

Housing projects that receive Federal funds

State and local government housing

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Let’s talk about requirements for housing landlords

Landlords must make reasonable exceptions in their policies and operations to give people with disabilities equal housing opportunities.

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For example…

A landlord with a “no pets” policy may be required to grant an exception to this rule and allow an individual who is blind to have a guide dog in the residence.

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Assistive animals are also allowed.

These are animals that assist tenants with disabilities in making more effective use of their housing including, but not limited to, alerting individuals with hearing impairments to intruders or sounds, pulling a wheelchair, fetching items or providing emotional support to persons with mental disabilities.

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What about parking?

An apartment complex that allows tenants ample, unassigned parking must honor a request from a mobility-impaired tenant for a reserved space near her apartment if necessary to assure that she can have access to her apartment.

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However…

A landlord does not have to make housing available to a person who is a direct threat to the health or safety of others or who currently uses illegal drugs.

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What if an apartment or house is not accessible to a tenant with a disability?

The law requires that landlords allow tenants with disabilities to make modifications in their private living space, as well as common living spaces.

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However…

The landlord is not required to pay for the changes that the person with a disability makes in their private living space or the common areas.

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Also…

The tenant who wishes to alter their living space or common areas must agree to restore the property to its original condition when they move.

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What about the requirements for new multi-family housing?New multi-family housing ready for occupancy after March 31, 1991 with four or more units are required to have ground floor units designed and built to allow access for people with disabilities.

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Designed and built to allow access to people with disabilities means…

Access to common areas

Doors and hallways that are wide enough for wheelchairs to go through

Kitchens and bathrooms that allow a person with a disability to maneuver

Other adaptable features

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Other adaptable features include:

Accessible light switches, electrical outlets, thermostats and other environmental controls

Reinforced bathroom walls to allow later installation of grab bars

An accessible route into and through the unit